Animal Health Act 1981

Changes over time for: Section 79

Version Superseded: 25/01/2007

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Point in time view as at 14/11/2006. This version of this provision has been superseded.

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79 Evidence and procedure.E+W+S

(1)In any proceeding under this Act no proof shall be required of the appointment or handwriting of an inspector or other officer of the Minister or of the clerk or an inspector or other officer of a local authority.

(2)Where the owner or person in charge of an animal[F1 , bird or amphibian ] is charged with an offence against this Act relative to disease or to any illness of the animal[F1 , bird or amphibian ], he shall be presumed to have known of the existence of the disease or illness unless and until he shows to the court’s satisfaction that—

(a)he had not knowledge of the existence of that disease or illness, and

(b)he could not with reasonable diligence have obtained that knowledge.

[F2( 2A )In subsection (2)—

“ animal ” means any kind of mammal (except man);
“disease” is not restricted by its definition in this Act.]

(3)Where a person—

(a)is charged with an offence against this Act in not having duly cleansed or disinfected any place, vessel, aircraft, vehicle or thing belonging to him or under his charge, and

(b)a presumption against him on the part of the prosecution is raised,

it shall lie on him to prove the due cleansing and disinfection mentioned in paragraph (a).

(4)Every offence against this Act shall be deemed to have been committed, and every cause of complaint or matter for summary proceeding under this Act or an order of the Minister[F3 or regulations made by the Scottish Ministers under this Act ] or regulation of a local authority shall be deemed to have arisen, either in any place—

(a)where it actually was committed or arose; or

(b)where the person charged or complained of or proceeded against happens to be at the time of the institution or commencement of the charge, complaint or proceeding.

(5)Nothing in subsections (2) to (4) above applies in relation to an offence under section 4 above.

Textual Amendments

F1Words in s. 79(2) inserted (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), s. 55(1), Sch. 2 para. 3(2)(a) (with s. 54); S.S.I. 2006/482, art. 2

F2S. 79(2A) inserted (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), s. 55(1), Sch. 2 para. 3(2)(b) (with s. 54); S.S.I. 2006/482, art. 2

F3Words in s. 79(4) inserted (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), s. 55(1), Sch. 2 para. 3(2)(c) (with s. 54); S.S.I. 2006/482, art. 2

Modifications etc. (not altering text)

C1S. 79(1)-(4) applied (S.) (28.10.2005 at midnight) by Avian Influenza (Preventive Measures in Zoos) (Scotland) Regulations 2005 (S.S.I. 2005/531), regs. 1(1), 7(1)(i)

C2S. 79(1)-(4) applied (W.) (28.10.2005 at 17:20) by The Avian Influenza (Preventive Measures in Zoos) (Wales) Regulations 2005 (S.I. 2005/2984), regs. 1, 7(1)(j)

C3S. 79(1)-(4) applied (S.) (28.10.2005 at midnight) by Avian Influenza (Preventive Measures) (Scotland) Regulations 2005 (S.S.I. 2005/530), regs. 1(1), 10(1)(i)

C4S. 79(1)-(4) applied (W.) (28.10.2005 at 17:20) by The Avian Influenza (Preventive Measures) (Wales) Regulations 2005 (S.I. 2005/2985), regs. 1, 10(1)(j)

C5S. 79(1)-(4) applied (E.) (28.10.2005 at 12.00 p.m.) by Avian Influenza (Preventive Measures in Zoos) Regulations 2005 (S.I. 2005/2990), regs. 1, 7(1)(j)

C6S. 79(1)-(4) applied (E.) (28.10.2005 at 12.00 p.m.) by Avian Influenza (Preventive Measures) Regulations 2005 (S.I. 2005/2989), regs. 1, 10(1)(j)